e said they might actually still be in the area, on a spiritual retreat, as she called it. she said she hopes the outside world will let them be, to enjoy their time here. garrett's family members in concord are determined to find the couple and have even enlisted the help of the us state department. >> someone knows where garrett is. they know where they are. someone is with them somewhere, so they -- we need them to call us. we need them to come home. >> about an hour ago, the family posted on facebook but there has still been no financial activity, no social media, no communication at all for the couple, but they are holding out hope. i should point out, there's no official confirmation from the government that they have been spotted in this area. this is a conversation kpix 5 had with this hostile.

there are questions tonight about whether a family lost at sea off the monterey coast actually is. >> we are abandoning ship. this is the charmblow. we are abandoning ship. >> more than 30 hours after that distress call, there's still no sign of the 29-foot sailboat that supposedly sank 65 miles off shore. the couple who radioed in the dispress call said they were ditching off on a make shift raft with two children in tow. no boats have been reported missing from any california marina and no one seems to have ever heard of the charmblow, their vessel. we asked the coast guard about the possibility that this is all a hoax. >> absolutely. any search and rescue case could be a hoax. right now we have no sign of debris, no sign of distress, except for the radio

transmissions, which are compelling evidence enough for us to continue searching. >> also complicating things, the family provided coordinates that were three hours old. it's said that oysters are an aphrodisiac. tonight, there's a lot of love for a bay area oyster farm. >> reporter: good news for the drakes bay oyster company and good news for people who like oysters all around the bay area. 9th u.s. circuit court of appeals ruling that this oyster company can operate for the next three months and maybe far longer than that. it was a cause for celebration at drakes bay drakes bay and that means it's time to barbecue oysters. three federal judges ruled today that the company can operate while its appeals case is being heard. then, three months from now, another judgment may keep the oyster farm afloat for another year. >> they could rule at that

point only that we can't be shut down while the lawsuit is under way. and then, at the end of the lawsuit, which will be however long, a year, year and a half, then final decisions will be made. >> reporter: after a lengthy analysis, the national park service decided to terminate the oyster farm's lease on park land last year, effectively shutting down the 80-year operation to return drakes bay into a natural wildness. but owner kevin lunny has sued to keep his business running and now is battling interior secretary kenneth salazar in a court battle. >> he doesn't have to live with the loss of the 30 families' jobs, their homes, the food. but we hope he does think about that. >> reporter: california's only oyster cannery employs 30 workers who could lose their lifestyle if the oyster farm is

ultimately closed. everybody involved here has been praying for victory. and today, they got one. >> i was speechless. i was happy. i was in shock. it's something we've been waiting for for so long. >> they're the last chance we have to at least get a chance to have our day in court. >> so when you heard the news today, you cried? >> you bet. good tears. >> reporter: the next go-around will be may the 15th. the attorneys for the drakes bay company are optimistic that they can then obtain another win. incidentally, i'm the first person that anyone knows of who has worn a full suit at the actual oyster farm. you don't need to do that if you come down here. it is strictly a dress-down operation. live at drakes bay, david jackson, kpix 5. >> a lot of people cheering tonight. david, thank you for that.

right now, police are in a standoff with a man who has been barricaded inside an east oakland home for about seven hours. the bomb squad is also there. and cops told neighbors they were serving a search warrant. a girl who lives in the house told us police came in and handcuffed a number of people. now, here's how bad oakland's crime problem has gotten. some people aren't even bothering to call the cops anymore. instead, they're trying to solve the problem themselves. kpix 5's christin ayers on the diy detectives. >> reporter: it's 7:00. and half a dozen neighbors in arcadia park are walking the street. never has it seemed more necessary than now. over the weekend, one home on this block was burglarized twice in 24 hours, once while this woman's nephew was inside. >> when the men tried to kick into his room. it was very frightening. >> reporter: surveillance

cameras captured these images of three young men casing the place, moments before the home was ransacked. this one of about 25 arcadia park homes burglarized in the last two months alone. >> you have to walk around your house in a gun to feel safe. >> reporter: people have taken to posting wanted signs. this man was seen trying neighbors' doorknobs, and that's just the beginning of the do-it-yourself detective work. we found ellie, who did not want to show her face, patrolling her neighborhood by car. she recently chased down a couple of robbers herself. >> there was an armed robbery in progress. and the owner yelled help me, and i ended up going after the kids. >> reporter: the people who live here are nothing if not gutsy, but they need help. a plan to gate their community has been stalled. and with the police force stretched painfully thin, they

may follow other oakland neighborhoods and hire private guards next. >> we don't have a choice. either die or we hire some security ourselves, because we can't depend on the police department. >> reporter: in oakland, christin ayers, kpix 5 news. who doesn't love cheap gas? bargain fuel prices are causing problem. club cardholders at this safeway get discounts up to $1 a gallon. the high demand is turning the parking lot into gridlock every day. >> it's like a mall. >> safeway has had to put detours in place and even hire an army of gas ambassadors to direct traffic. now there's even talk of removing some of the parking spaces altogether and creating a waiting area for cars, similar to what you see at costco gas station.

meantime, gasoline prices appear to have leveled off, at least for now. running about $4.25 a gallon on the average in san francisco for unled regular. coming up, a bomb show at yahoo. the popular perk employees have to give up or quit. the bald eagle has landed and we were there for the rescue. why this escaped bay area zoo bird was saved just in time. find out what the 13th president of the united states has to do with our recent dry spell. a live look outside tonight. clear skies over oakland. we'll talk about your seven-day forecast, coming up. why it could get a lot worse for california shoppers. "lawmaker: "this industry certainly requires oversight." ..." who's minding the store. coming up next. show up to work - or quit! yahoo's new c- e-o just dropped a

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l on her employees show up to work or quit. yahoo's new ceo just dropped a bombshell on her employees. no more working from home. the hr department outlined the change in a memo, saying, to become the absolute best place to work, communication and collaboration will be important, so we need to be working side by side. workers who currently telecommute have until june to either get comfy working at the office or leave. meyer is trying to turn yahoo around and says the company needs to innovate faster. have you ever been overcharged at the grocery store? of course you have. it might get a lot worse,

because a change most shoppers don't know about. in a story you'll only see on kpix 5 news, julie watts explains why the government watchdog that's supposed to be out looking for you isn't doing its job. >> my sister shops here. she's had the same problem. a friend of hers has had the same problem. >> reporter: and so did we. >> i didn't get my savings on that. >> reporter: our undercover investigation revealed one of the nation's largest grocery chains was regularly overcharging customers. but safeway is not alone. investigations by the state's price quantity verification program have led to dozens of lawsuits against other nationwide retailers, amounting to millions of dollars in fines and fees and new consumer protections, like at safeway, where customers now get most overcharged items for free. but lawsuits like these may be the last of their kind. we've discovered state investigators have stopped doing their jobs due to budget

cuts. there are now closed-door meetings with groups. >> we'd love to chat with you. >> reporter: we asked to sit in on one of those meetings, but the state denied us access. >> they're not open to the public. >> reporter: chris says the industry groups, hand picked by the state, need privacy to speak freely. >> they're helping to work with us to find creative solutions to replace the general funds that were lost. >> reporter: since the price quantity verification program no longer gets tax dollars, the retailers are now debating whether to fund the program themselves with industry-paid fees. >> i think they are willing to pay for it, but they do want something in return. >> reporter: in return, it could be consumers that pay. some want to water down regulations by increasing the acceptable error rate to one out of 50 items.

currently, even one overcharge is against the law. and they want to put an end to those statewide lawsuits for overcharging. >> would you like to chat with us? >> no. >> reporter: representatives from the california grocers association say, we appreciate the opportunity to provide input and look forward to continued discussions. however, internal memos we obtained reveal the industry groups have been vocal opponents of the program, something the state now denies. >> they've been very supportive. >> reporter: that's not what she said in a speech at a conference last month. >> you said they said they were capable of policing themselves. do you believe that they are capable of policing themselves? >> obviously the lawsuits that you reference indicate otherwise. >> reporter: lawsuits that wouldn't have been possible without the state program, now in the hands of the grocers it

regulates. some county weights and measure departments do investigate overcharges locally, but their fines are capped at $1,000. state senator jerry hill is now offering legislation that could increase county fees and penalties to help fund the state program. meanwhile, our safeway investigation has been subpoenaed by the d.a. for what is likely another statewide lawsuit. >> don't get overcharged. >> absolutely. >> julie, thank you. well here's something that you don't see every day. >> check out the picture kiet do posted to his facebook page. this is kiet with an american icon, a bald eagle that flew away from her handlers at the palo alto zoo. she spent several days flying all over menlo park. kiet and photographer jim flannigan had their eyes to the skies, and they were there when the eagle finally landed. >> reporter: her name is sequoia. all weekend long, she's had the

palo alto zoo worried sick. >> she's my baby. i'm not gonna let her go. >> reporter: the 24-year-old bald eagle got spooked and wandered off during flying exercises. since then, her handlers have been tracking her with a radio receiver in menlo park. they've been using a whistle to get her attention, trying to entice her with a tasty meal of quail and mice. >> she'll eventually come down. >> reporter: finally, after three days, sequoia apparently decided she wasn't going cold and hungry anymore. >> i was really, really happy, and concentrating on holding on to the food really tight so she couldn't snatch it and fly by, hoping she'd come by me and not veer off. >> reporter: the zoo says there's actually a benefit to these incidents, powerful lessons on nature that kids will remember for a lifetime. >> why are you smiling? >> because i never seen an eagle before. >> is this a normal thing for a

kid to see in redwood city? >> no. cats and dogs but not eagles. >> reporter: sequoia has actually wandered off eight times in the last 24 years. it's not the first time, likely not the last. as the zoo says, eagles do whatever eagles want to do. and sequoia is back safe and sound at the zoo. if you're wondering why she didn't catch food while she was out here, well, she has a broken tail, so she can't maneuver with enough agility to hunt in the wild. so she's been living in captivity. >> just the right time, you got the shot. he was rolling. he never leaves the frame. you got her all the way down to the handler's arm. amazing. >> reporter: so jim would just sit there and sit there and sit there. and then he was like, she's moving, she's moving.

and all of a sudden, she makes a move, and he got the money shot. what can i say? it's jim flannigan. >> that's what we like to say. a shot you'll only see on kpix 5. there's proof. kiet do and jim flannigan, thank you both. another majestic day, as that bald eagle flies in the sky. unbelievable to watch that bird. >> and beautiful blue skies, the backdrop. blue skies has been the theme since about christmas, when it poured on christmas day. we've had very little rainfall since then. tonight clear skies. starry night. about five hours ago, we showed you the moonrise. let's take a look at the numbers now. where you will start the day off tomorrow. concord, 38. redwood city, 39. napa 37. it's been chilly every night because skies have been clear. kind of interesting how little rainfall we've had. 11% of normal rainfall in san

francisco. i looked back at the record books. the last time we were this dry to start a year, january and february combined, was 1852. millard fillmore was the 13th president of the united states. he was in office then. here's something interesting. that same year, it rained more than six inches in march. we'll see what happens this march. we're dry on the radar now. we will stay dry for a while, because high pressure hasn't moved. it's anchored off to our west, taking all the storms and riding them into the pacific northwest. nothing for us. what we have had is chilly air at the coast. san francisco, only 58 today because the flow of air is coming from the cool pacific ocean. that will change later this week. high pressure will get stronger. we'll get a northeast wind and those 50's and 60's will turn into 70's for everyone in the bay area. we'll likely hit the 70's for the first day of march coming up on friday. nights will still be chilly all week long. but as we get into march, we'll

be in the low 70's. livermore, 63 tomorrow. san francisco in the 60's and san jose, 64. fremont, 62. hayward, 62. walnut creek, 65. presentwood, 66. a sunny day in mill valley. mid 60's on wednesday. up near 70 on thursday. how about the weekend? still looking mainly dry, highs in the 70's. >> can't complain. gorgeous. >> it is pretty nice. coming up, how sleepless nights can actually change your dna.

really does to your body. it's a wake-up call about what tossing and turning at night really does to your body. >> it can actually change your genetic makeup. in a new british study, 26 volunteers slept fewer than six hours a night for one week. subsequent blood tests showed the sleep loss disrupted the activity of more than 700 genes. now these are genes critical to

stress, inflammation, metabolism, your biological clock, even how we fight disease. >> it just underscores the importance for the need for a good amount of sleep during the night. and to maximize the amount of sleep that you have during the night. >> previous studies have shown how too little sleep can affect how your heart functions and how your brain works. the giants' manager's son makes his spring training dieb. debut. and ken bastida is furious with danica patrick. we'll explain, next.

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pitcher. " " one of the feel-good stories in giants camp is bruce bochy's son brett trying to make the team as a pitcher. >> he's here with me, so it's pretty special. >> nothing special about this. brett came in with the bases loaded. on his next pitch, seth lohman takes him deep for a three-run bomb. a rough outing. the game ended in a 9-9 tie.

danica patrick made history at daytona. so why is she taking so much heat? she appeared to be headed for a third-place finish. but on the final lap, she had a window to slide down and and take the lead. instead, dale earnhardt went low, then watch all the cars get behind earnhardt. she dropped to 8th place. jimmie johnson won the race. dale jr. took second. danica realized she fell asleep at the wheel. >> maybe that's just my inexperience. maybe that's just me not thinking hard enough. i definitely was a little bit uncertain as to how i was going to be able to do it. i think dale did a nice job. >> ken bastida was not happy.

and the nhl suspended ryan clowe two games. he legally left the bench last night for a line change, but instigated an altercation. he'll finish the suspension tomorrow night. i have in my night the monday night top five. >> we're going streaking, yeah! >> the blackhawks just don't lose. 3-2 over edmonton, 19 straight games with a point. no. 4, it's gotta hurt. the contortionist at halftime in denver. yes! mmm. at no. 3, international soccer from turkey. this is never good. the goalie off his own defender and into the net. hello? no. 2, dylan moses from baton rouge, offered a scholarship from alabama. he's in the eighth grade! he can't play until 2017.

roll tide. cyu basketball game. vern glenn's camera rolling. lucy's ball settles perfectly on the rim. get off danica's back! >> i'm a big danica fan.

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tomorrow morning at 4-30. david is next with alec baldwin. all right. our next newscast tomorrow morning at 4:30, on your official daytona 500 station. ( band playing "late show" theme ) >> from the heart of broadway broadcasting across the nation and around the world it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, the brick and mortar of the industry david letterman!

(cheers and applause) captioning sponsored by worldwide pants and cbs ( band playing "late show" theme ) ( cheers and applause ) >> dave: hey, hey! (cheers and applause) thank you very much! (cheers and applause) how are you doing? welcome to the show. anybody see the academy awards last night? it was on t.v.? (applause) i'm the last person to complain but it seems like every year it's the same thing. the show is long. did you notice that, that the show was long? i mean it goes on and it goes on. the show last night was so long that mid-show by the middle of the show